This relates to appeal against entry clearance refusal i.e. appeal against ECO decision. Usually, caseworker encloses appeal against entry clearance refusal form with the Refusal Letter for an application with a right of appeal. Moreover, these include an appeal for spouse visa, EEA, human rights and asylum claim from outside the UK. The post provides the details of grounds of appeal against entry clearance refusal. Quite noteworthy: IAFT 2 appeal form is for exercising a right of appeal against refusal decision made before April 6, 2015. However, IAFT 6 appeal form is for appeal against refusal decision made after April 6, 2015.
For challenging immigration decisions with either no right or limit right of appeal, 10-year ban please refer Judicial Review UK Visa Refusal.
Appeal Against ECO Decision on IAFT 2 or IAFT 6 Appeal Form
After a refusal decision, an applicant can lodge an appeal against entry clearance refusal online. An appellant must lodge an appeal within 28 days from the receipts of the refusal decision. Certainly, the purpose of an appeal is to overturn a refusal decision. This successful challenge greatly depends on the grounds of the appeal. Moreover, clear and to the point presentation, especially with reference to immigration rules and legal precedence, is critical. Therefore, it is expedient to discuss with specialist immigration appeal solicitor before lodging an appeal so as to maximize the chances of success.
Grounds of Appeal Against Entry Clearance Refusal
Appeal against entry clearance refusal form IAFT 2 Appeal Form covers decisions relating to Settlement, Non-Settlement and Family Visit. However, appeal against entry clearance refusal form IAFT 6 Appeal Form covers Human Rights (HU), EEA (EA), spouse visa refusal. For oral hearing, an appellant needs to have either a Sponsor, Witness or a Representation such as authorized immigration solicitor.
Grounds of Appeal on IAFT 2 Form for Appeal Against ECO Decision
Grounds of appeal against ECO decision in IAFT 2 Appeal Form are quite open-ended as an appellant is required to elucidate the reasons why he/she disagrees with the decision on the Refusal Letter document.
IAFT-2 provides liberty to the appellant to include any information that Refusal Letter does not elucidate. The appellant can provide as much detail as possible as the appellant may not be able to do so at a later date. Moreover, the appellant can attach any evidence or additional sheets of paper if and where necessary.
Grounds of Appeal IAFT 6 Appeal Form
The Grounds of Appeal Against Entry Clearance Refusal in IAFT 6 Appeal Form are quite specific in nature. An appellant may appeal only against human rights claim refusal, the deprivation of citizenship or against the refusal of an application as an EEA national or the family member of an EEA national.
An appellant may appeal on the ground that the decision is unlawful under section 6 of the Human Right Act 1998. Moreover, an appellant may appeal that the decision breaches the appellant’s rights under the European Union treaties in respect of entry to or residence in the UK.
If the decision against which an appellant seeks to appeal states specific articles of the European Convention on Human Rights (ECHR), which do not apply to appellant’s case, and the appellant disagrees, then the appellant needs to explain the reasons for this disagreement.
An appellant can attach any evidence or additional sheets of paper if and where necessary.
Appeal against Entry Clearance Refusal Form: Checklist
The appellant is not required to provide original documents such as Passports, Birth Certificate, Marriage Certificates, Identification cards as the handling of original documents causes delays, therefore, it is recommended to furnish photocopies of the supporting documents.
An appellant can send completed IAFT-2 or IAFT-6 appeal form, along with a copy of the Refusal Letter, Reasons for Refusal and photocopies of any other related documents to the First-tier Tribunal either by post or facsimile but do not do both, as this could not only cause delays to appeal against ECO decision but also result in payment being taken more than once.
Postal Address: First-tier Tribunal (Immigration and Asylum Chamber), PO Box 6987, Leicester, United Kingdom, LE1 6ZX
Facsimile: 0044 (0)870 739 5996
Please note an appellant can email an appeal against ECO decision on IAFT 6 Appeal Form to IAGFAPPS4@justice.gov.uk
For the successful creation of an appeal against ECO decision, an appellant must ensure to provide:
- Credit/debit card details
- A copy of the Refusal Letter
- A copy of the Reasons for Refusal stated in the Refusal Letter
- Details of the Grounds of appeal;
- For late appeals, the reasons for filing Out of Time appeal
- Photocopies of the documents
- Completed all the relevant sections of the Appeal Form
- To sign the declarations on page 1, 9, 10 and 11 of IAFT 2 Appeal Form or IAFT-6 Appeal Form.
Challenge Refusal Decisions: Immigration Appeals and Judicial Review
- File Immigration Appeal Against an In-Country Decision.
- Appeal Against an In-Country Decision from Outside the UK.
- UK Visa Appeal Solicitors | Immigration Appeal Success Rate.